Buccaneer Homes of Alabama, Inc. v. Pelis, 43 S.W.3d 586 (Tex. App. 2001). · Go Syfert
Buccaneer Homes of Alabama, Inc. v. Pelis, 43 S.W.3d 586 (Tex. App. 2001). Cases Citing This Book View Copy Cite
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71 citation events (71 in the last 25 years) across 1 distinct court.
Strongest positive: James Poe and Senior Retirement Planners, LLC v. Eduardo S. Espinosa in His Capacity as Receiver of Retirement Value, LLC (texapp, 2015-03-11)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) James Poe and Senior Retirement Planners, LLC v. Eduardo S. Espinosa in His Capacity as Receiver of Retirement Value, LLC (4×) also: Cited as authority (rule)
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
if there is only one injury, even if it is based on several overlapping and varied theories of liability, a plaintiff will be permitted only one recovery.
cited Cited as authority (rule) Mohammedmedhi Hadizamani, Individaully and D/B/A 1st Stop Auto v. Bernice Rollins
Tex. App. · 2024 · confidence medium
Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 590 (Tex. App.—Houston [1st Dist.] 2001, no pet.).
discussed Cited as authority (rule) Signad, Ltd. v. DW PR/ Marketing, Media & Public Relations, LLC D/B/A Wicked Publicity and BIJ Motors TX, LLC D/B/A Mercedes Benz of the Woodlands
Tex. App. · 2021 · confidence medium
In those situations: “the non-settling defendants [are] entitled to offset any liability for joint and several damages by the amount paid by settling defendant.” Buccaneer Homes of Ala. Inc. v. Pelis, 43 S.W.3d 586, 590 (Tex. App.—Houston [1st Dist.] 2001, no pet.).
discussed Cited as authority (rule) Elness Swenson Graham Architects, Inc. v. RLJ II-C Austin Air, LP
Tex. App. · 2017 · confidence medium
See Imperial Lofts, Ltd. v. Imperial Woodworks, Inc., 245 S.W.3d 1, 7 (Tex. App.-Waco 2007, pet. denied); Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 591 (Tex. App.-Houston [1st Dist.] 2001, no pet.); Blizzard v. Nationwide Mut.
discussed Cited as authority (rule) Nader Daryapayma A/K/A Nader Payma and 4 Angels, Inc. v. Myung 'Michael' Park
Tex. App. · 2016 · confidence medium
Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 590 (Tex. App.—Houston [1st Dist.] 2001, no pet.); see Foley v. Parlier, 68 S.W.3d 870, 883 (Tex. App.—Fort Worth 2002, no pet.) (“The prohibition against double recovery is a corollary of the rule that a party is entitled to but one satisfaction for the injuries sustained by him.”).
discussed Cited as authority (rule) Nancy Alanis v. US Bank National Association as Successor Trustee to Bank of America National Association, as Successor by Merger to One LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-HE6 (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
McKinley v. Drozd, 685 S.W.2d 7, 10-11 (Tex.1985); Buccaneer Homes of *515 Ala., Inc. v. Pelis, 43 S.W.3d 586, 591 (Tex.App.-Houston [1st Dist.] 2001, no pet.).
discussed Cited as authority (rule) James Poe and Senior Retirement Planners, LLC v. Eduardo S. Espinosa in His Capacity as Receiver of Retirement Value, LLC
Tex. App. · 2015 · confidence medium
See Osborne v. Jauregui, Inc., 252 S.W.3d 70, 75 (Tex. App.—Austin 2008, pet. denied) (en banc); Cohen, 106 S.W.3d at 310 ; Buccaneer Homes of Alabama, Inc. v. Pelis, 43 S.W.3d 586, 590 (Tex. App.—Houston [1st Dist.] 2001, no pet.).
discussed Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.
Tex. App. · 2015 · confidence medium
Enterps. v. Reece Supply Co., 177 S.W.3d 537, 550-51 (Tex. App.—Dallas Aug. 9, 2005, no pet.); Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 591 (Tex. App.—Houston [1st Dist.] 2001, no pet.).
discussed Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.
Tex. App. · 2015 · confidence medium
Blizzard, 756 S.W.2d at 806 12; Osborne, 252 S.W.3d at 74, 76-77 ; Imperial Lofts, Ltd. v. Imperial Woodworks, Inc., 245 S.W.3d 1, 7 (Tex. App.—Waco 2007, pet. denied); Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 591 (Tex. App.—Houston [1st Dist.] 2001, no pet.); Hamra v. Gulden, 898 S.W.2d 16, 19 (Tex. App.—Dallas 1995, writ dism’d w.o.j.); Sullivan, 192 S.W.3d at 109-110 .
discussed Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.
Tex. App. · 2015 · confidence medium
Blizzard, 756 S.W.2d at 806 12; Osborne, 252 S.W.3d at 74, 76-77 ; Imperial Lofts, Ltd. v. Imperial Woodworks, Inc., 245 S.W.3d 1, 7 (Tex. App.—Waco 2007, pet. denied); Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 591 (Tex. App.—Houston [1st Dist.] 2001, no pet.); Hamra v. Gulden, 898 S.W.2d 16, 19 (Tex. App.—Dallas 1995, writ dism’d w.o.j.); Sullivan, 192 S.W.3d at 109-110 .
discussed Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.
Tex. App. · 2015 · confidence medium
Blizzard, 756 S.W.2d at 806 12; Osborne, 252 S.W.3d at 74, 76-77 ; Imperial Lofts, Ltd. v. Imperial Woodworks, Inc., 245 S.W.3d 1, 7 (Tex. App.—Waco 2007, pet. denied); Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 591 (Tex. App.—Houston [1st Dist.] 2001, no pet.); Hamra v. Gulden, 898 S.W.2d 16, 19 (Tex. App.—Dallas 1995, writ dism’d w.o.j.); Sullivan, 192 S.W.3d at 109-110 .
discussed Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.
Tex. App. · 2015 · confidence medium
In these circumstances, we conclude that Blizzard is not entitled to recover attorney fees.”); 14 831104.2 402/122 • Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 591 (Tex. App.— Houston [1st Dist.] 2001, no pet.) (“Although appellees won a jury verdict in the trial court, the One Satisfaction Rule bars them from recovering economic damages, and thus, they cannot recover attorney's fees.”); • Fire Ins.
discussed Cited as authority (rule) Brewer & Pritchard, P.C. v. AMKO Resources International, LLC and John I. Myung
Tex. App. · 2014 · confidence medium
Permanent Ware Co., 201 S.W.3d 301, 315 (Tex. App.—Dallas 2006, no pet.) (plaintiff’s tort and contract causes of action arose from a single injury—defendants’ failure to provide a functional heating element); AMX Enters., Inc. v. Bank One, N.A., 196 S.W.3d 202, 206 (Tex. App.—Houston [1st Dist.] 2006, pet. denied) (plaintiff’s suit for conversion, negligence, gross negligence, tortious interference with contract, and money had and received was based on defendant-bank’s acceptance of checks with missing indorsements, resulting in a single injury—the temporary loss of money); Bu…
discussed Cited as authority (rule) Ronald Matthews and Wife, Vickie Matthews v. P. D. Sohn D/B/A Lakeshore Sports (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
The one satisfaction rule applies when “there is only one injury, even if it is based on several overlapping and varied theories of liability.” Buccaneer Homes of Ala. v. Pelis, 43 S.W.3d 586, 590 (Tex. App.—Houston [1st Dist.] 2001, no pet.); see Galle, Inc., 262 S.W.3d at 573 (noting that “if the plaintiff has suffered only one injury, even if based on ‘overlapping and varied theories of liability,’ the plaintiff may only recover once”); Nowak, 248 S.W.3d at 741 (“Whether the [one satisfaction] rule applies is determined not by the cause of action, but by the injury.”); Coh…
discussed Cited as authority (rule) Bernice HUDSPETH, Appellant, v. ENTERPRISE LIFE INSURANCE COMPANY, Appellee
Tex. App. · 2011 · confidence medium
Buccaneer Homes of Alabama, Inc. v. Pelis, 43 S.W.3d 586, 590 (Tex.App.Houston [1st Dist.] 2001, no pet.). “[T]he absence of tort liability does not preclude the application of the one satisfaction rule.” AMX Enters., 196 S.W.3d at 206 .
cited Cited as authority (rule) Hertz Equipment Rental Corporation v. Kyle Barousse
Tex. App. · 2011 · confidence medium
Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 590 (Tex.App.-Houston [1st Dist.] 2001, no pet.).
cited Cited as authority (rule) LJ Charter, LLC C.N. Schwarz, III, R & S Aircraft Investments, LLC, CNS Ventures, LLC, and Starflite Management Group, Inc. v. Air America Jet Charter, Inc.
Tex. App. · 2009 · confidence medium
Buccaneer Homes of Alabama, Inc. v. Pelis , 43 S.W.3d 586, 590 (Tex. App.—Houston [1st Dist.] 2001, no pet.).
discussed Cited as authority (rule) Galle, Inc. v. Pool
Tex. App. · 2008 · confidence medium
Thus, if the plaintiff has suffered only one injury, even if based on “overlapping and varied theories of liability,” the plaintiff may only recover once; “[t]his is especially true if the evidence supporting each cause of action is the same.” Id. (quoting Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 590 (Tex.App.-Houston [1st Dist.] 2001, no pet.)). *574 The Pools pled that “Defendant Galle has breached its contract 'with Plaintiffs by performing remediation and re-build efforts that did not fulfill the obligations of the contract with Plaintiffs.” The Pools further alle…
discussed Cited as authority (rule) Galle, Inc. v. Joe Pool and Leslie Pool
Tex. App. · 2008 · confidence medium
Thus, if the plaintiff has suffered only one injury, even if based on “overlapping and varied theories of liability,” the plaintiff may only recover once; “[t]his is especially true if the evidence supporting each cause of action is the same.” Id. (quoting Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 590 (Tex. App.—Houston [1st Dist.] 2001, no pet.)).
discussed Cited as authority (rule) Galle, Inc. v. Joe Pool and Leslie Pool
Tex. App. · 2008 · confidence medium
Thus, if the plaintiff has suffered only one injury, even if based on "overlapping and varied theories of liability," the plaintiff may only recover once; "[t]his is especially true if the evidence supporting each cause of action is the same." Id . (quoting Buccaneer Homes of Ala., Inc. v. Pelis , 43 S.W.3d 586, 590 (Tex. App.--Houston [1st Dist.] 2001, no pet.)).
examined Cited as authority (rule) Centerpoint Energy Houston Electric, LLC and Texas Genco, LP // Cross Gulf Coast Coalition of Cities, Houston Council for Health and Education, City of Houston, Coalition of Cities v. Public Utility Commission of Texas, Office of Public Utility Counsel, Gulf Coast Coalition of Cities, City of Houston, Texas Industrial Energy Consumers, Houston Council for Health and Education, State of Texas, Occidental Power Marketing, L.P. (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2008 · confidence medium
Thus, if the plaintiff has suffered only one injury, even if based on “overlapping and varied theories of liability,” the plaintiff may only recover once; “[t]his is especially true if the evidence supporting each cause 5 of action is the same.” Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 590 (Tex. App.—Houston [1st Dist.] 2001, no pet.).
examined Cited as authority (rule) Osborne v. Jauregui, Inc. (6×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2008 · confidence medium
Thus, if the plaintiff has suffered only one injury, even if based on “overlapping and varied theories of liability,” the plaintiff may only recover once; “[t]his is especially true if the evidence supporting each cause of action is the same.” Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 590 (Tex.App.-Houston [1st Dist.] 2001, no pet.).
examined Cited as authority (rule) Dr. Phillip Osborne and Deborah Osborne// State Farm Lloyds v. Jauregui, Inc. // Dr. Phillip Osborne and Deborah Osborne (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2008 · confidence medium
Thus, if the plaintiff has suffered only one injury, even if based on "overlapping and varied theories of liability," the plaintiff may only recover once; "[t]his is especially true if the evidence supporting each cause of action is the same." Buccaneer Homes of Ala., Inc. v. Pelis , 43 S.W.3d 586, 590 (Tex. App.--Houston [1st Dist.] 2001, no pet.).
discussed Cited as authority (rule) Imperial Lofts, Ltd. v. Imperial Woodworks, Inc.
Tex. App. · 2008 · confidence medium
Exch. v. Sullivan, 192 S.W.3d 99, 109-10 (Tex.App. — Houston [14th Dist.] 2006, pet. denied); Buccaneer Homes of Alabama, Inc. v. Pelis, 43 S.W.3d 586, 591 (Tex.App. — Houston [1st Dist.] 2001, no pet.); Hamra v. Gulden, 898 S.W.2d 16, 19-20 (Tex.App. — Dallas 1995, writ dism’d); Hartnett v. Hampton Inns, Inc., 870 S.W.2d 162, 168-69 (Tex.App. — San Antonio 1993, writ denied).
cited Cited as authority (rule) AMX Enterprises, Inc. v. Bank One, N.A.
Tex. App. · 2006 · confidence medium
Co. v. Cas-teel, 22 S.W.3d 378, 390 (Tex.2000); Buccaneer Homes of Alabama, Inc. v. Pelis, 43 S.W.3d 586, 589 (Tex.App.-Houston [1st Dist.] 2001, no pet.).
cited Cited as authority (rule) AMX Enterprises, Inc., N/K/A AMX Enterprises LLP v. Bank One, NA
Tex. App. · 2006 · confidence medium
Co. v. Casteel , 22 S.W.3d 378, 390 (Tex. 2000); Buccaneer Homes of Alabama, Inc. v. Pelis , 43 S.W.3d 586, 589 (Tex. App.—Houston [1st Dist.] 2001, no pet.).
discussed Cited as authority (rule) Fire Insurance Exchange v. Sullivan
Tex. App. · 2006 · confidence medium
Co. v. Bonner, 51 S.W.3d *110 289, 291-92 (Tex.2001) (stating that where amount found by jury has already been paid by defendant, party has not prevailed as to claim); Buccaneer Homes of Alabama, Inc. v. Pelis, 43 S.W.3d 586, 591 (Tex.App.-Houston [1st Dist.] 2001, no pet.) (holding party is not entitled to attorney’s fees under DTPA if all of their damages were paid before trial); Blizzard v. Nationwide Mut.
discussed Cited as authority (rule) Fire Insurance Exchange v. Clifton Sullivan and Diane Sullivan
Tex. App. · 2006 · confidence medium
Co. v. Bonner , 51 S.W.3d 289 , 291 B 92 (Tex. 2001) (stating that where amount found by jury has already been paid by defendant, party has not prevailed as to claim); Buccaneer Homes of Alabama, Inc. v. Pelis , 43 S.W.3d 586, 591 (Tex. App. C Houston [1st Dist.] 2001, no pet.) (holding party is not entitled to attorney = s fees under DTPA if all of their damages were paid before trial); Blizzard v. Nationwide Mut.
cited Cited as authority (rule) Oyster Creek Financial Corp., & Alfred J. Antonini, Trustee v. Richwood Investments II, Inc.
Tex. App. · 2004 · confidence medium
Co. v. Casteel , 22 S.W.3d 378, 390 (Tex. 2000); Buccaneer Homes of Alabama, Inc. v. Pelis , 43 S.W.3d 586, 589 (Tex. App.—Houston [1st Dist.] 2001, no pet.).
cited Cited as authority (rule) Oyster Creek Financial Corp. v. Richwood Investments II, Inc.
Tex. App. · 2004 · confidence medium
Co. v. Casteel, 22 S.W.3d 378, 390 (Tex.2000); Buccaneer Homes of Alabama, Inc. v. Pelis, 43 S.W.3d 586, 589 (Tex.App.-Houston [1st Dist.] 2001, no pet.).
discussed Cited as authority (rule) Texas Capital Securities, Inc. v. Sandefer
Tex. App. · 2003 · confidence medium
Co. v. Casteel, 22 S.W.3d 378, 391 (Tex.2000); Mobil Oil Corp. v. Ellender, 968 S.W.2d 917, 927-28 (Tex.1998); Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 589 (Tex.App.-Houston [1st Dist.] 2001, no pet.).
discussed Cited as authority (rule) Texas Capital Securities, Incorporated v. J. D. Sandefer, III and Stephen F. Smith
Tex. App. · 2003 · confidence medium
Co. v. Casteel , 22 S.W.3d 378, 391 (Tex. 2000); Mobil Oil Corp. v. Ellender , 968 S.W.2d 917, 927-28 (Tex. 1998); Buccaneer Homes of Ala., Inc. v. Pelis , 43 S.W.3d 586, 589 (Tex. App.-Houston [1st Dist.] 2001, no pet.).
cited Cited as authority (rule) Cohen v. Arthur Andersen, L.L.P.
Tex. App. · 2003 · confidence medium
Co. v. Casteel, 22 S.W.3d 378, 390 (Tex.2000); Buccaneer Homes of Alabama, Inc. v. Pelis, 43 S.W.3d 586, 589 (Tex.App.-Houston [1st Dist.] 2001, no pet.).
cited Cited as authority (rule) Debra Faye Rashti Cohen, Donna Kaye Rashti, Denise Jaye Rashti and Michael Alan Rashti v. Arthur Andersen, L.L.P., Bradley A. Roe, Ted E. McElroy and D. Stephen Goddard
Tex. App. · 2003 · confidence medium
Co. v. Casteel , 22 S.W.3d 378, 390 (Tex. 2000); Buccaneer Homes of Alabama, Inc. v. Pelis , 43 S.W.3d 586, 589 (Tex. App.—Houston [1st Dist.] 2001, no pet.).
discussed Cited "see" Mark William Ivey v. State (2×) also: Cited "see, e.g."
Tex. App. · 2007 · signal: see · confidence high
See Buccaneer Homes, 43 S.W.3d at 591 ; Hamra, 898 S.W.2d at 19 .
discussed Cited "see" Dr. Phillip Osborne and Deborah Osborne// State Farm Lloyds v. Jauregui, Inc. // Dr. Phillip Osborne and Deborah Osborne (2×) also: Cited "see, e.g."
Tex. App. · 2007 · signal: see · confidence high
See Buccaneer Homes , 43 S.W.3d at 591 ; Hamra , 898 S.W.2d at 19 .
discussed Cited "see, e.g." San Saba Energy, L.P. v. Crawford (2×)
Tex. App. · 2005 · signal: see, e.g. · confidence medium
See, e.g., Buccaneer Homes of Ala., Inc. v. Pelis, 43 S.W.3d 586, 590-91 (Tex.App.-Houston [1st Dist.] 2001, no pet.) (applying “one satisfaction rule” to negate all of plaintiffs damages against nonsettling defendant).
discussed Cited "see, e.g." San Saba Energy, L.P., R.L. Zinn, Ltd., Gilbert Goldstein, Nanzin and Family Limited Partnership v. Marshall H. Crawford, II D/B/A Pursuit Exploration Company
Tex. App. · 2005 · signal: see, e.g. · confidence low
See, e.g., Buccaneer Homes of Ala., Inc. v. Pelis , 43 S.W.3d 586 , 590 B 91 (Tex. App. C Houston [1st Dist.] 2001, no pet.) (applying A one satisfaction rule @ to negate all of plaintiff = s damages against nonsettling defendant).
Retrieving the full opinion text from the archive…
BUCCANEER HOMES OF ALABAMA, INC., Appellants,
v.
John PELIS and Pam Pelis, Appellees
01-99-01168-CV.
Court of Appeals of Texas.
Mar 15, 2001.
43 S.W.3d 586
2001 Tex. App. LEXIS 1732
2001 WL 253600
Steven M. Stricklin, John B. Wallace, Houston, for appellant., Leeanna McKenzie, Spring, for appellee.
Schneider, Taft, Brister.
Cited by 40 opinions  |  Published

OPINION

SCHNEIDER, Justice.

Appellant, Bucaneer Homes, manufactures mobile homes and sells them to various retailers. Appellees, John and Pam Pelis, purchased one of appellant’s mobile homes from a retailer. Appellees found defects in their mobile home and sued appellant and the retailer for Deceptive Trade Practices Act (DTPA [1] ) violations when the defects were not satisfactorily repaired. Appellees settled with the retailer and tried their DTPA causes of action against appellant to a jury, which awarded appellees $1,065 in economic damages and $85,000 in attorney’s fees. On appeal, the manufacturer contends it is entitled to a settlement credit under the One Satisfaction Rule. We reverse and render.

Factual and Procedural Background

Appellees purchased a new mobile home in August 1996 from Prestige Housing (“Retailer”). Appellees had several problems with the home when it was delivered, including a leak in the master bathroom, cracked siding, and broken cabinets. When Retailer refused to make the necessary repairs, appellees contacted Bucaneer Homes (“Manufacturer”). Manufacturer sent out a serviceman, but the repairs were not completed properly.

Appellees hired an attorney. They also hired a home inspector to specify all of the defects in the home, and used the inspeetor’s list as the basis of their demands in a DTPA notice letter sent to Retailer and to Manufacturer. Manufacturer did not respond. Appellees became frustrated'with all of the problems associated with the mobile home, and, after five months of payments on their note, they stopped making payments as required by their security agreement.

In February 1997, appellees sued Retailer and Manufacturer under the DTPA. Appellees hoped to recover mental anguish damages because Mrs. Pelis had been very upset by the problems with the mobile home. Appellees settled with Retailer, and proceeded to trial against Manufacturer. The jury found Manufacturer made no misrepresentations, and that Manufacturer did not engage in unconscionable conduct. Manufacturer was found liable for “failure to comply with a warranty.” The jury awarded $1,065 for economic damages [2] and $85,000 for attorney’s fees to appel-lees. No mental anguish damages were awarded.

On appeal, Manufacturer contends the trial court erred in entering a judgment for the appellees because their settlement with Retailer exceeded the amount of economic damages awarded by the jury. Manufacturer also argues that the award of attorney’s fees was erroneous.

Analysis

A. The One Satisfaction Rule

Manufacturer argues that, under the One Satisfaction Rule, appellees’ settlement with Retailer for a value of $13,000 prevents recovery of the $1,065 jury award for economic damages.

[*589] The pleadings indicate that appellees sued Manufacturer and Retailer for identical causes of action: unconscionability, violations of the DTPA laundry list, and breach of warranty. The record reflects that appellees settled their claims against Retailer. The settlement agreement indicates that appellees agreed to release Retailer from all liability in connection with the mobile home. The settlement agreement was a “full settlement and discharge of all claims which or might have been the subject of the allegations in the Petition” filed against Retailer. In exchange, Retailer agreed to: 1) take back the mobile home; 2) assume and satisfy all of appel-lee’s obligations under the security agreement; and 3) bear all costs associated with moving the mobile home. Retailer took back the mobile home and paid the balance due on the note, the late fees, and the property taxes. Retailer made some repairs and then resold the mobile home.

A party seeking a settlement credit has the burden to prove its right to such a credit. See Mobil Oil Corp. v. Ellender, 968 S.W.2d 917, 927 (Tex.1998). The only evidence of the value of this settlement agreement is an affidavit by Retailer stating that, “based on my calculation, the cost and value of the settlement ... was an amount in excess of $13,000 to the benefit of the Pelises.” This affidavit remains unchallenged on appeal. Accordingly, the Court accepts it as true. By placing a copy of the affidavit and the settlement agreement in the record, Manufacturer’s burden has been met.

The One Satisfaction Rule prohibits a plaintiff from recovering twice for' a single injury. See Crown Life Ins. Co. v. Casteel, 22 S.W.3d 378, 390-91 (Tex.2000) (limiting plaintiffs to a single recovery for a single injury, even if different theories of liability are alleged). Appellees argue that the damages they sought and obtained at trial against Manufacturer (lost wages and home inspection costs) were different from those compensated by the settlement with Retailer. Once Manufacturer showed that it was entitled to a credit for any settlement amount representing joint damages, it was appellees’ burden to offer evidence allocating the settlement between: (1) damages for which Manufacturer and Retailer were jointly liable, and (2) damages for which only Manufacturer was liable. See Crown Life Ins. Co., 22 S.W.3d at 392. Appellees have not shown why Retailer was not jointly liable for these damages, or otherwise allocated the settlement between the two defendants. Thus, Manufacturer is entitled to a settlement credit under the One Satisfaction Rule.

When the independent actions of two or more parties cause harm, there has been some confusion surrounding the treatment of an injured party’s rights of recovery with regard to the One Satisfaction Rule. Historically, under English law, each tort-feasor was liable for the entire damage that resulted, notwithstanding the fact that a tortfeasor’s actions combined with those of another to produce the injury or harm. See Christopher T. Moore, Torts: Kirkpatrick v. Chrysler Corp. —Are You Satisfied? Oklahoma’s Rigid Application of the One Satisfaction Rule is Not so Rigid Anymore, 50 Okla. L.Rev. 601, 602-03 (1997) (citing William L. Prosser, Joint Torts and Several Liability, 25 Cal. L.Rev. 413, 420 (1937)). Therefore, “if the injured party recovered a judgment, although unsatisfied, the party’s claim was said to have merged in the judgment, precluding the initiation of action against other potential tortfeasors.” Id. In essence, a plaintiff could recover only one judgment on a joint tort. Another historical English rule permitted an injured party to recover “only one compensation for her loss, and satis[*590] faction of a claim would preclude further legal actions.” Id.

American common law combined these two rules and created the “One Satisfaction Rule.” See id. Historically, the rule stood for the proposition that a satisfied judgment against one tortfeasor would bar any subsequent actions against other tort-feasors. See id. Without considering the sufficiency of the compensation received by the plaintiff, American courts have barred subsequent suits because of a release or an accord and satisfaction. See id.

In Texas jurisprudence, the Texas Supreme Court first analyzed the appropriateness of a settlement offset under the One Satisfaction Rule in Bradshaw v. Baylor University, 126 Tex. 99, 84 S.W.2d 703, 705 (Tex.Com.App.1935) (limiting an injured party to a single satisfaction for one injury, whether or not there was more than one wrongdoer who contributed to the injury). In Bradshaw, a plaintiff riding a Baylor University bus was injured when the bus collided with a train. He settled with the railroad company, and the court refused to let the suit against Baylor University continue because the prior settlement satisfied the amount found to be the plaintiffs total injury. See id.

The Court modified the manner in which the One Satisfaction Rule applied in product liability suits in 1984 with Duncan v. Cessna Aircraft Co. See 665 S.W.2d 414, 429, 434 (Tex.1984) (outlining the common law contribution scheme based on comparative causation as applied to products cases involving strict liability, breach of warranty, and mixed theories of strict liability and negligence tried after July 13, 1983). The One Satisfaction Rule, as first discussed in Bradshaw, was endorsed again in Stewart Title Guaranty Co. v. Sterling. See 822 S.W.2d 1, 5 (Tex.1991) (applying the Bradshaw One Satisfaction Rule to cases not covered by a comparative causation scheme). Since then, the rule has been widely applied.

The current One Satisfaction Rule is designed to prevent a windfall to the plaintiff, and dictates that when a plaintiff files a suit against multiple defendants for a single injury, any settlements will be credited against the amount for which non-settling defendants are found liable. See First Title of Waco v. Garrett, 860 S.W.2d 74, 78 (Tex.1993). The One Satisfaction Rule applies when multiple defendants commit the same act, as well as when defendants commit technically different acts that result in a single injury. See Crown Life Ins. Co., 22 S.W.3d at 390-91, Swink v. Alesi, 999 S.W.2d 107, 111 (Tex.App.—Houston [14th Dist.] 1999, no pet.). If there is only one injury, even if it is based on several overlapping and varied theories of liability, a plaintiff will be permitted only one recovery. See Household Credit Services, Inc. v. Driscol, 989 S.W.2d 72, 80 (Tex.App.—El Paso 1998, pet. denied). This is especially true if the evidence supporting each cause of action is the same. See id.

In this case, although Retailer and Manufacturer may have committed technically different acts, appellees incurred only a single financial injury-a defective mobile home. Appellees attempted to tie mental anguish to the problems with the home, but the jury did not award any mental anguish damages. The same core evidence that was used against Manufacturer could have been used against Retailer. Thus, the damaged mobile home was the sole, indivisible injury. When appel-lees entered into a “full settlement and discharge of all claims” with Retailer, it triggered the One Satisfaction Rule. The non-settling defendant is entitled to offset any liability for joint and several damages by the amount paid by the settling defen[*591] dant. See Crown Life Ins. Co., 22 S.W.3d at 391-92; Roberts v. Grande, 868 S.W.2d 956, 959 (Tex.App.—Houston [14th Dist.] 1994, no writ).

We find that Manufacturer is entitled to a settlement credit of $13,000. The jury awarded appellees only $1065 plus attorney’s fees. After applying the credit, the appellees are left with no recovery for economic damages.

Based on our holding regarding this issue, it is unnecessary that we consider Manufacturer’s other issues regarding economic damages, and we decline to do so. We sustain appellant’s third point of error, and reverse the trial court’s judgment to reflect that appellees take nothing on their claims for economic damages.

2. Attorney’s Fees

Manufacturer challenges the award of $85,000 in attorney’s fees on the grounds that the award was improper because attorney’s fees are not recoverable without an economic damage recovery.

Consumers may recover attorney’s fees as a prevailing party in a successful prosecution of a DTPA claim when an opposing party’s counterclaim recovery offsets the consumer’s recovery. See McKinley v. Drozd, 685 S.W.2d 7, 9-10 (Tex.1985). However, this rule does not apply in a case in which a consumer has already settled for an amount greater than the damages found by the jury in the trial against the non-settling defendant. See Hamra v. Gulden, 898 S.W.2d 16, 19 (Tex.App.—Dallas 1995, writ dism’d w.o.j.). “It is one thing to allow an attorney’s fees award on a successful claim notwithstanding an opposing party’s success on an offsetting claim. However, it another to allow attorney’s fees on a claim that, although successful, was paid in full before trial.” Id. Because appellees’ damages were paid in full under the pre-trial settlement agreement with the retailer, they may not recover attorneys fees. See id. Although appellees won a jury verdict in the trial court, the One Satisfaction Rule bars them from recovering economic damages, and thus, they can not recover attorney’s fees.

Conclusion

We sustain the point of error, reverse the judgment of the trial court, and render judgment that appellees take nothing.

1

. See Chapter 17, Texas Business & Commerce Code (Vernon 2000).

2

. The jury awarded $215 in out-of-pocket expenses for the home inspection and $850 in lost wages.